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Terms of Use

Last Modified: February 1, 2023

Introduction

These terms of use (“Terms”) describe your rights and responsibilities while using the VEOR mobile application (the “App”), owned and operated by VEOR Inc., a Delaware corporation (the “Company” or “VEOR”). The terms “you” refer to the person using the App. Use of the App is governed by these Terms and our Privacy Policy. By accessing or using the App, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms and our Privacy Policy. If you do not want to agree to any of these Terms, you must not use the App.

Modification

The Company reserves the right, in its sole discretion, to amend these Terms, in whole or in part, at any time and for any reason, without penalty or liability to you. You should check the Terms from time to time when you use the App to determine if any changes have been made. You can determine when the Terms were last revised by referring to the “Last Modified” notation above. Your continued use of the App will be deemed acceptance to the amended or updated terms. If any of the provisions of these Terms are not acceptable to you, your only remedy is to discontinue your use of the App.

Description of the VEOR App

The App is intended to provide a peer-support platform and self-improvement tools for its users to seek emotional support and self-development (“Services”).

In the App, users who have completed our Listener Training Program can accept chat requests from other users.

In the App, users who have completed our Facilitator Training Program can create and facilitate support groups that are available for other users to join.

Not for Emergencies

DO NOT USE THE SERVICES ON THE APP FOR EMERGENCIES. VEOR USERS ARE NOT TRAINED OR QUALIFIED TO ASSIST THOSE IN CRISIS. IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR LOCATION) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.

Eligibility

To use the Services through the App, the following must be true:

  • You are at least 18 years of age or older.

  • You agree to be legally bound by and comply with these Terms, the EULA and Privacy Policy, as available under Settings > Terms & Policies.

  • You must have compatible mobile devices, access to the Internet, and certain necessary software required to use the App.

You understand and agree that satisfying the above requirements does not guarantee that you will receive the Services through the App. The Company reserves the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.

Registration and User Accounts

To access the Services available in the App, you must first create an individual user account (“Account”). The Account registration form will ask you to create a username and a password, provide your first and last name, and your email address. You may not create a username that is used by someone else, and your username cannot be indecent, or otherwise offensive, or be used in any way that violates these Terms and common practices.

You may also become a registered user of the App through your accounts with certain third-party social networking services, including Apple ID, Facebook, and Google (“SNS Account”).

If you login to the VEOR App with your SNS Account, you direct the service to send us information such as your first and last name and your email address, as controlled by that service or as authorized by you via your privacy settings at that service. The only way to disable the connection between your VEOR Account and your SNS Account is by deleting your VEOR account.

You agree to:

  • provide true, accurate, current, and complete information about yourself as prompted by our Account registration form; and

  • to maintain, and promptly update such Account information, each time you log on, as far as possible to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or the Company has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current, or incomplete, the Company reserves the right to terminate your Account;

  • certify that you are over the age of 18;

  • remain responsible for maintaining the confidentiality of your Account password and username and any other security information related to your Account at all times. The Company will not be liable for any loss that you incur because of someone else accessing and using your Account, either with or without your knowledge.

Communications with Other Users

The Service enables users to communicate information to others through text messaging. We authorize you to use this tool only for your personal, non-commercial purposes, unless otherwise expressly approved by the Company.

You are solely responsible for your interactions with other users. The Company reserves the right, but has no obligation, to monitor disputes between you and other users.

Please note that your username and user profile will be seen by other users of the Application, so be mindful as to what you choose as your username and what you choose to write in your profile.

Do not share any information that is confidential, that you do not want others to know, or that is subject to third party rights through the App. The Company is not responsible for another user’s use, misuse, or misappropriation of any information you share via the App.

You agree to treat other users in a courteous and respectful manner while using the App. Though VEOR strives to encourage a respectful user experience, VEOR is not responsible for the conduct of other users of the App. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the App or meet in person. In addition, you agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money to other VEOR users.

You acknowledge and agree that your fellow users are neither employees nor agents nor representatives of VEOR, and VEOR assumes no responsibility for its users’ statements, act, or omission.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER VEOR USERS. YOU UNDERSTAND THAT VEOR DOES NOT CONDUCT BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. VEOR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS.

Your Responsibilities and Acknowledgement

As a condition of your use of the App, you agree to the following:

  • All the information you provided through the App is accurate, complete and correct, and you will accurately maintain and update it as needed;

  • your permission to use the App is personal (meaning, the App will be used only by you), and your identification information is accurate and truthful.

  • You will keep confidential your Account password and that you will exit from your Account at the end of each session. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You are responsible for changing your password promptly if you suspect it has been compromised. You may not transfer or share your password with anyone, or create more than one account. You may not use anyone else’s account at any time.

  • You will immediately notify the Company of any unauthorized use of your username, password, or any other breach of security that you become aware of involving or relating to the Services by emailing support@veor.org.

  • You understand and agree that the provision of Services through the App depends on the completeness and accuracy of your information. The Company is unable to verify all of your information. Therefore, the Company is not responsible for any consequences if your information is inaccurate or incomplete.

  • We are not intended to be, and you understand and agree that the Services do not constitute, the provision or practice of medical, nursing, or professional health care advice or services in any jurisdiction. To the extent permissible under applicable laws, no responsibility is assumed for any injury or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products or procedures accessible in the App. Always seek the advice of your physician or other qualified healthcare provider prior to starting any new treatment or with any questions you may have regarding a medical condition.

  • You acknowledge and agree that the Company makes no guarantee that the Services shall lead to any particular result.

Restrictions on Use

You will not use, or encourage or permit others to use, the App except as expressly permitted in these Terms. Specifically, you will not:

  • access or use the App in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable local, state or federal law or regulation, or is prohibited by these Terms;

  • license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the App or related materials in any way;

  • use or access the App to create or develop competing products or services or for any other purpose that is to the Company’s detriment or commercial disadvantage;

  • take any action or use the App in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our App or any content, in whole or in part;

  • disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to the App or any computer network;

  • bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by VEOR or any of our service providers to protect the App;

  • input, upload, transmit, distribute, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our App, or any other system, device, or property;

  • remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our App or any content made available to you on or through our App;

  • use any manual process or automated device to monitor or copy any content made available on or through our App for any unauthorized purposes;

  • copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to VEOR or third-party content from the App; or

  • encourage or enable any other individual to do any of the foregoing.

Payment

We will provide you information on the fees for the subscription packages offered in the App. You will have to become a User of the App or engage directly with VEOR before information on the fees is available. Fees are subject to change, and any changes will be posted in the App or provided directly to you in writing. It is your responsibility to remain informed about the current fees.

All fees and other amounts payable subject to applicable taxes and similar assessments. You are responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by you, other than any taxes imposed on the Company’s income. The Company may automatically charge sales taxes for addresses within jurisdictions where such sales taxes are required.

We use third-party payment processor (“Payment Processor”) to charge your credit card. The processing of payments in connection with your use of the App will be subject to the terms, conditions, and privacy policies of the Payment Processor, in addition to our Privacy Policy and Terms. You agree to promptly review all charges processed through the Payment Processor, and immediately notify the Company to the extent you have any questions, concerns, or disputes with respect to any VEOR charges. We are not responsible for any errors by the Payment Processor.

You acknowledge and agree that neither VEOR nor the Payment Processor will be responsible in any manner if either we or our Payment Processor are unable to complete a payment transaction for any reason, including but not limited to:

• IF YOU HAVE NOT PROVIDED ACCURATE, CURRENT AND COMPLETE PAYMENT INFORMATION;

• IF YOU DO NOT HAVE SUFFICIENT AVAILABLE FUNDS OR AVAILABLE CREDIT TO COMPLETE THE TRANSACTION;

• IF YOU DO NOT HAVE AN ACTIVE PAYMENT CARD, OR IF WE ARE UNABLE TO CONFIRM YOUR PAYMENT CARD INFORMATION OR YOUR IDENTITY;

• IF YOUR ACCESS TO THE APPLICATION, YOUR ACCOUNT WITH US OR YOUR ACCOUNT WITH YOUR PAYMENT PROVIDER HAS BEEN TERMINATED OR SUSPENDED FOR ANY REASON;

• IF THE SERVICE PROVIDED BY OUR PAYMENT PROCESSOR IS DOWN OR UNAVAILABLE FOR ANY REASON;

• IF WE OR OUR PAYMENT PROCESSOR HAVE REASON TO BELIEVE THAT THE REQUESTED TRANSACTION IS UNAUTHORIZED; OR

• IF WE HAVE TERMINATED OR SUSPENDED THE APPLICATION.

Sessions purchased are nonreturnable and nonrefundable unless otherwise specified by the Company or as prohibited under applicable law. There are no refunds or credits for purchased subscriptions.

Device Compatibility

The Company does not promise that the App is compatible with all devices and with all versions/updates of all operating systems or firmware. If you update your operating system or firmware, your version of the application may not function properly. The Company may, but is not obligated to, provide updates to the application that improve compatibility with updated devices. It is your sole responsibility to confirm compatibility before purchasing any subscription.

Disclaimer of Warranties

The App is available “as is” and “as available” and without any warranties of any kind. Without limiting the generality of the foregoing:

  • All content, materials, information, software, products, tools, and services included in or available through the App are provided “as is” and “as available” without warranty of any kind, express or implied. to the fullest extent provided by law, the Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

  • In no event shall we be liable to you or anyone else for any decision made or action taken in reliance on any content on the App or the use of any services offered through the App.

  • We do not in any way endorse or recommend any product or service offered through the App and make no representations or guarantees related to the reliability or accuracy or such product or service.

  • We make no guarantees, representations, or warranties, whether expressed or implied, with respect to completeness, accuracy, reliability, or availability of the App.

  • We do not in any way endorse or recommend any healthcare provider accessible through the App, any specific tests, procedures, opinions, or other information that may appear through the App; or that any particular drug or treatment is safe, appropriate, or effective for you.

  • To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the App or any services or items obtained through the App or to your downloading of any material posted on it, or on any App linked to it.

  • Neither the Company nor anyone associated with the Company represents or warrants that the App, its content, or any Services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the App or the server that makes it available are free of viruses or other harmful components, or that the App or any services or items obtained through the App will otherwise meet your needs or expectations.

  • You understand and agree that the Company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any content, user communications or personalization settings.

Limitation on Liability

To the fullest extent provided by law, in no event will VEOR, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the App, or any content in the App, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

In no event shall our total liability to you for all damages, losses and causes of action whether in contract, tort (including negligence) or otherwise exceed the amount paid by you to the Company for the Services in the 3 months preceding the claim.

In the event some jurisdictions do not allow the exclusion or limitation of damages to the extent indicated above, the Company’s liability in such jurisdictions shall be limited to the extent permitted by applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless VEOR, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the App.

Governing Law and Jurisdiction

All matters relating to VEOR, Privacy Policy, these Terms, and any dispute or claim arising therefrom or related thereto, in each case, including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

We encourage you to contact VEOR’s Customer Service department via email at support@veor.org if you have concerns or complaints about the App or the Services. Generally, user complaints can be satisfactorily resolved this way. If we cannot resolve your concerns informally, disputes between you and VEOR shall be resolved pursuant to this section.

At the Company’s sole discretion, it may require you to submit any disputes arising out of or relating to any aspect of your relationship with VEOR, first to mediation in the Los Angeles County, California, U.S., then next to final and binding confidential arbitration under the Rules of Arbitration of the American Arbitration Association applying the laws of the State of Delaware, without regard to its choice of law provisions. Under this Agreement, arbitrators can award the same individual relief affecting individual parties that a court can award, including damages and an award of attorneys’ fees, if the applicable law allows. You and the Company each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

PLEASE BE AWARE THAT YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. YOU AND THE COMPANY AGREE TO ARBITRATE IN EACH OF OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND EACH OF US EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.

Waiver and Severability

No waiver by VEOR of any term or condition set out in these Terms should be deemed a further or continuing waiver of such term or a waiver of any other term, and any failure of VEOR to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

These Terms and the Privacy Policy constitute the sole and entire agreement between you and the Company regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App unless otherwise set forth in a written agreement between you and VEOR.

Conflict

In the event of any conflict or inconsistency between the provisions of these Terms and the provisions of any of the other agreements between you and the Company, the provisions of this Agreement shall control.

Contact Information

All notices of copyright infringement claims should be sent by the means set out above. All other feedback, comments, requests for technical support, and other communications relating to the App should be directed to support@veor.org.

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