Terms of Use

Last Updated: October 6, 2022

Service Information and Limitations

SUPPORTIV IS AN ONLINE PLATFORM THROUGH WHICH INDIVIDUALS MAY ENGAGE IN AND RECEIVE PEER SUPPORT. THE SERVICE IS NOT A REPLACEMENT OR SUBSTITUTE FOR CONSULTATION WITH A MEDICAL CARE PROFESSIONAL. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION AND/OR SERVICES PROVIDED BY OR THROUGH THE USE OF THE SITE OR THROUGH ANY OTHER COMMUNICATIONS FROM US. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR HEARD ON THE SERVICE.

Supportiv represents that it has no licensing or other expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of peer support on a medical condition. If you engage in the Supportiv peer support service, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk yourself, and agree to release and discharge Supportiv from any and all claims or causes of action, known or unknown, arising out of your participation in or use of any peer support made available by Supportiv.

Without limitation, Supportiv does not endorse any specific content, services, tests, providers, medications, products or procedures. None of the Content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you.

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. By accessing or using the Services you represent and warrant that you are not legally prohibited from accessing the Services under the laws of the country in which you access or use them. If your use of the Services is prohibited by applicable laws, 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.

Eligibility and Ability to Accept Terms

You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personal information online from children who are under 13. We do not knowingly collect or solicit personal 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 to us. Please talk to your parents or caregivers about what sites are appropriate for you. If we learn we have collected personal information from a child under 13, 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 at [email protected]

 

Profile Creation

As an anonymous service, Supportiv does not require personal information. You may elect to establish an individual user profile or account (“Account”) by providing certain information, including a valid and acceptable method of payment, or a valid third-party payment authorization from an employer, insurance provider, academic institution, service provider, or organization.

You agree that you will not create more than one Account, or create an Account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our Account enrollment form (understanding you may use an anonymous user name or nickname); and (ii) each time you log on, maintain and promptly update such Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Supportiv has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, Supportiv reserves the right to refuse any future request(s) to use the Service.

You agree that you will safeguard your password and that you are solely responsible for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Account. Supportiv will not be liable for any loss that you incur as a result of someone else using your Account, either with or without your knowledge. We reserve the right to terminate any user Account at any time for violation of the Terms or other conduct we deem detrimental to the Service. You may terminate your Account at any time.

Privacy

All de-identified data, meta-data and research data collected by Supportiv through your use the Service remains the sole property of Supportiv. You shall not request Supportiv remove or delete any of such data. You agree that any contact information you elect to provide can be used by Supportiv to send you marketing offers from the Service. You agree that Supportiv may collect and use all data provided to or created by the Service in compliance with Supportiv’s Privacy Policy. For more information about how your personal information is handled, please see the privacy policy of Supportiv at https://supportiv.com/privacy-policy.

Service Content

Our Service and the Content provided therein are for informational and educational purposes and are not a substitute for the professional judgment and advice of health care professionals. Persons accessing this information assume full responsibility for the use of the information. Supportiv is not responsible or liable for any claim, loss, or damage arising from the use of the information.

You understand that Supportiv owns the Services. 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.

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

Acceptable Use

You agree not to access or use the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms. You shall not post, use, store or transmit (i) a message or information under false pretenses; (ii) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (iii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Service in any manner that could damage, disable or impair the Service. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Service for any purpose. Neither Supportiv nor its affiliates are under any obligation to respond to messages posted on the Service. You may not contact any Supportiv Moderators outside of the Service, and any attempt to do so will be a violation of these Terms. You are solely responsible for the information or material you post on the Service.

The following terms apply to any mobile applications (“app”) accessed through or downloaded from any source (such as the Apple App Store, Google Play, or other similar platforms) where the app is made available (each such distribution platform an “App Provider”). You acknowledge and agree that:

The Terms are between you and Supportiv only, and not with App Provider, and that App Provider is not responsible for the App or the Content;

The App is licensed to you on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the Terms;

The App Provider has no obligation to furnish any maintenance and support services with respect to the Application;

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

Supportiv, and not App Provider, is responsible for addressing any claims you or any third party may have in relation to the App;

If you download the App, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may download upgrades, updates and additional features from us in order to improve, enhance, and further develop the software, Service, or App. The Service may  change from time to time and/or Supportiv may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you.

 

Service Fees

Payment for use of the Service is used to compensate Supportiv for its development, overhead, administrative services, and other corporate costs and fees, including transaction fees for credit card usage. Part of your payment is remitted to the Moderators for the group support services provided to you. You agree to pay all fees and charges associated with your Account on a timely basis and according to the fee schedule, the terms and the rates as published by Supportiv from time to time. Such fees and charges (including any taxes and late fees, as applicable) may be charged on the credit card, Apple Pay or Google Pay account provided. You agree to maintain valid credit card information in your Account. By providing Supportiv’s third party payment processors with your credit card, Apple Pay or Google Pay information, you authorize Supportiv to bill and charge your credit card.

Moderators

Supportiv moderators are peer support facilitators, not licensed clinicians (“Moderators”). Supportiv assumes no responsibility for the quality of the services a moderated peer group provides, nor any act, omission or wrongdoing of any moderated peer group. While Supportiv will help you match with a moderated peer group, help you find a new group if the match is unsuccessful, and follow up on any complaints about your current Moderator or group, Supportiv makes no representation or warranty whatsoever as to whether you will find the moderated peer group’s services relevant, useful, correct, satisfactory or suitable to your needs.

While Supportiv does research and verify certain documents of the Moderators using the Service, Supportiv cannot legally guarantee the verification of degrees, qualifications, licensure, certification, credentials, competence, or background of any Moderator as documents may be presented to Supportiv, third party credentialing services and other State Boards as accurate when they are not. You should never rely on or make health or well-being decisions purely on use of Supportiv. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare clinician, or by traditional face-to-face appointment, due to information or advice you received through Supportiv.

Communications

You consent to receive communications from us electronically. We may communicate with you by e-mail or text if you elect to provide your contact information, or by posting notices on the Site or the Services. You may receive announcements, administrative messages, service updates, or other non-transactional communications, and that agreeing to receive these communications. Text messages and other SMS alerts from Supportiv may incur a charge by your mobile phone service provider. You may opt out of receiving non-transactional text messages by emailing us at [email protected]

Intellectual Property and Proprietary Rights

All trademarks, service marks, logos, trade names and any other proprietary designations of Supportiv used herein are trademarks or registered trademarks of Supportiv. Any other trademarks,  service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

All of the content available on or through the Service is the property of Supportiv or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Service to any third party. All software and accompanying documentation made available for download from the Service is the copyrighted work of Supportiv or its licensors. Any copy made of information obtained through the Service must include all applicable copyright notices.

The Terms herein does not permit you, and you agree not to: (i) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service; or (ii) transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third party or use the Service to provide service bureau, time sharing or other services to third parties.

Third-Party Links

The Site and Service may contain links to third-party websites or resources. You acknowledge and agree that Supportiv is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Supportiv. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions (collectively “Feedback”) for improvements to the Site. You may submit feedback by emailing us at [email protected] You acknowledge and agree that all Feedback will be the sole and exclusive property of Supportiv and you hereby irrevocably assign to Supportiv and agree to irrevocably assign to Supportiv all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Supportiv’s request and expense, you will execute documents and take such further acts as Supportiv may reasonably request to assist Supportiv to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Special Programs

From time to time Supportiv may offer free programs to its users. Your participation in these programs is voluntary and separate agreements and waiver forms may be required. Supportiv may participate in research studies with select Universities. These studies may include separate agreement forms, waivers and confidentiality terms that you may choose to review and accept separate from these Terms.

Your Content

Registered Users may be provided opportunities to contribute Content visible to other Users. “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials. You acknowledge and agree that you alone are responsible for any and all Content you post on the Service.

When you post Content on the Services, you represent and warrant that you have the right, power, and authority to post that Content and grant the licenses specified below. You further represent and warrant that by posting or providing such Content you will not violate third-party rights of any kind, including, without limitation, any Intellectual Property Rights, rights of publicity, and privacy rights. To the extent your Content may be copyrightable, you represent, warrant, and covenant that you are the owner of all the copyright rights to such Content and that we may exercise the rights to your Content granted under the Terms without any liability or obligation for any payment.

International Use

If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws, rules, regulations or decrees of your jurisdiction. Without limiting the generality of the foregoing, no software, information or technology may be downloaded or otherwise exported or re-exported (a) into Cuba, North Korea, Iran, Sudan, Syria or any other country for which the U.S. maintains an embargo on such exports, or (b) to a person or entity identified on lists of the U.S. Treasury Department (e.g., Specially Designated Nationals, Denied Persons or Entities) or the U.S. Commerce Department (e.g., Entity List, Table of Deny Orders), which control such exports.

User Affirmations

By using the Service, you represent, warrant and agree to the following:

You are solely responsible for compliance with any and all laws, rules, regulations, or obligations that may apply to your use of the Service.

Nothing that you upload, publish, represent, warrant or transmit using the Site or Service, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You will not use manual or automated software, devices, scripts, redirects, robots, other means or processes to access, “frame,” “mirror,” “scrape,” “crawl” or “spider” any web pages or other services contained in the Services.

You will not use the Service for any commercial or other purposes that are not expressly permitted by these Terms.

You will not copy, store or otherwise access any information contained on the Service for purposes not expressly permitted by these Terms.

You will not interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.

You will not impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.

You will not systematically retrieve data or Content from the Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.

You will not access, tamper with, or use non-public areas of the Site or Service, Supportiv’s computer systems, or any third-party provider system.

You will not attempt to probe, scan, or test the vulnerability of any Supportiv system or network or breach any security or authentication measures.

You will not avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Supportiv or any of Supportiv’s providers or any other third party (including another Users) to protect the Site or Service.

You will not advocate, encourage, or assist any third party in doing any of the foregoing.

Supportiv will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Supportiv may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

You acknowledge that Supportiv has no obligation to monitor your access to or use of the Service, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Notice to California Residents

If you are a California resident, under California Civil Code § 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.

Termination

Supportiv may suspend or terminate your access to the Service at any time, for any reason or for no reason at all. Supportiv has the right (but not the obligation) to refuse to provide access to the Service to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. Supportiv reserves the right to change, suspend, or discontinue all or part of the Service, temporarily or permanently, without prior notice.

Disclaimers

IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. UNDER NO CIRCUMSTANCES SHALL SUPPORTIV, ANY SUPPORTIV LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.

UNDER NO CIRCUMSTANCES SHALL SUPPORTIV, ITS LICENSORS OR SUPPLIERS OF NON- MEDICAL SERVICES OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF SUPPORTIV OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SUPPORTIV DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES SUPPORTIV MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICE OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.

YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. SUPPORTIV CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.

The original, legally binding version of this document is written in English. If it is translated into other languages by non-native English-speakers or by software, there may be discrepancies between the English version and the translated version. If so, the English version supersedes the translated version.

Disputes

These Terms are governed by the laws of the State of Delaware, without regard to any conflict of laws rules or principles. You agree to submit to the venue and jurisdiction of the California courts.  Supportiv’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Any dispute or claim relating in any way to your use of the Service will be resolved by binding confidential arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to these Terms.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/ or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must these Terms as a court would.

It is agreed that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, Supportiv and you each waive any right to a jury trial. It is further agreed that you may not bring suit in court to enjoin infringement or other misuse of intellectual property rights.

General

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. Notices required to be given to you by Supportiv may be delivered by electronic mail to the address provided during the creation of your Account. Supportiv may revise these Terms from time to time without notice to you. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

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