terms of Use

UPDATED: MARCH 21ST, 2019

Welcome

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

These Terms of Use (the “Terms”) are a binding contract between you and Bonifier LLC (“Bonifier,” “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 using the 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. These Terms include the provisions in this document our Terms of Use, as well as those in the Bonifier Privacy Policy.

You certify that you are of the legal age of majority in the jurisdiction in which you reside (at least 18 years of age in many countries) and you represent that you are legally permitted to use the services.  All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Services.

+ Our Services

The Pip app is designed to be a self-help program. Neither Bonifier nor its representatives are engaged in rendering medical services or other such advice. The Services do not include the provision of medical care, mental health services or other professional services.

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.

+ What About My Privacy?

Bonifier takes the privacy of its users very seriously. For the current Bonifier Privacy Policy, please click http://bonifier.life/privacy.

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. For your child(ren) to interact with Pip, or access any Services, you are required to provide your consent.

If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using any Services.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS ANY BONIFIER SERVICES.

+ Using Pip

Pip is currently available as a web app; for your child(ren) to utilize the Services you will need to sign up for an account. This requires you to enter your first name, your email address, the first name and age for your child(ren) who will participate, and create a password. You agree to provide us with accurate, complete, and updated registration information about yourself and any child(ren) you register. You may not enter an email address that you don’t have the right to use, or 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 they have agreed to these Terms on your behalf). If you’re agreeing to these Terms on behalf of a minor, you represent and warrant that you are authorized to agree to these Terms on their behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to them).

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 contribute any Content or User Submission (each of those terms is 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 Bonifier);
  • Violates any law or regulation;
  • Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  • Jeopardizes the security of your Bonifier 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);
  • “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 and/or share, post or distribute any considerable part of the Content elsewhere;
  • Decompiles, reverse engineers or otherwise attempt 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. If your needs are beyond the scope of guided self-help you are advised to seek professional help which can be found through the services of a mental health professional, medical professional, or a support organization.

A violation of any of the previous is grounds for termination of your right to use or access 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 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 a doctor or other qualified healthcare providers because of something you have read on the Services. If you, or your child, have or suspect that you, or your child, 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 provided to you on the Services, including information provided in direct response 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 information and/or services provided by or through the use of the Services or through any 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 911. 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.

+ What Are My Rights While Using Pip?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, videos, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are 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, 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 Bonifier’s) rights.

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

You understand that Bonifier 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.

The Services may allow you to copy or download specific Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply.

+ Licensing

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” You grant Bonifier 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 are royalty-free, perpetual, sublicensable, irrevocable, and worldwide.

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.

+ Responsibility

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. Bonifier 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.

The Services may contain links or connections to third party websites or services that are not owned or controlled by Bonifier. When you access third party websites or use third party services, you accept that there are risks in doing so and that Bonifier is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.

Bonifier 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, Bonifier 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 Bonifier 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 participants on the Services, or between users and any third party, you agree that Bonifier is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Bonifier, 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.

+ Changes to Services

We are continually trying to improve the Services and they will 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, in our sole discretion, and without notice.

+ Changes to Terms

These Terms may need to change along with the Services as they evolve and improve. 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 this webpage, 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; however, 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.

+ Does Pip Cost Anything?

Pip is currently provided to families for free. However, future versions of the app may require upgrading from free, basic features to premium features, which may require a subscription fee to access Bonifier’s Services.

+ What If I Want To Delete My Pip Account?

You’re free to do that at any time, simply send us a request at hello@bonifier.life. Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

Bonifier 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. Bonifier 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.

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.

These Terms apply to your use of all the Services, including future iPhone and iPad applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), and future Android applications available via the Google, Inc. (“Google”) Play Store (the “Application”), but the following additional terms also apply to the Application:

Both you and Bonifier acknowledge that the Terms are concluded between you and Bonifier 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 a device that you own or control;

You acknowledge and agree that Apple and Google have 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 Bonifier, 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, Bonifier, 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 Bonifier 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 Bonifier 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.

+ What else do I need to know?

Warranty Disclaimer

Bonifier 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 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 Bonifier or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific 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 or error-free. some states 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 Bonifier 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 Bonifier in connection with the services in the twelve (12) month period preceding this applicable claim, or (iii) any matter beyond our reasonable control.

Some states 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 Bonifier, 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).

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 Bonifier’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration

This Agreement shall be governed by the laws of the State of Ohio, without regard to conflicts of law provisions. Any legal action or proceeding between Bonifier and you related to this Agreement will be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Ohio, County of Franklin.

+ Miscellaneous

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 Bonifier agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Bonifier, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). 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 Bonifier in any respect whatsoever. Except as expressly outlined in the section above regarding the Apple and Google application, you and Bonifier agree there are no third party beneficiaries intended under this Agreement.