Last Updated: May 2022
1. APPLICABILITY
You are reading these Terms of Service (“Terms of Service”) because you are using a FEEL THERAPEUTICS INC. (including its affiliates, which we may collectively refer to as “FEEL”, “we”, “us”, or “our”) service, namely the Feel Program. These Terms of Service create a legally binding agreement between you and FEEL regarding the use of the service. FEEL may revise these Terms of Service without notice. Please read these terms carefully and confirm that you agree to participate in the Feel Program. If you have any further questions, please contact us at: privacy@myfeel.co.
2. THE FEEL PROGRAM
The Feel Program is a 16 week, fully remote program that uses a combination of evidence-based cognitive and behavioral techniques (“CBT”) and the Feel emotion recognition technology designed to help participants build emotional awareness and develop self regulating skills. It consists of the following components:
As a participant to the Feel Program, you will receive the Feel Emotion Sensor, the Feel App, access to the Educational Material, and you will be assigned to a Feel Therapist. The Feel Program will be personalized to the individual user needs and goals. As a participant, you may be required to complete some assessments during the 16-week program.
A Feel Therapist will be automatically assigned to you. Check-in sessions with the Feel Therapist will be remote and take place via a video call. Where required by applicable law, the Feel Therapists are licensed for this service provision.
FEEL only collects and processes data for the purposes set out in its privacy policy https://www.myfeel.co/privacy-notice. When you upload, submit, store, send or receive content to or through our services, you give FEEL a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our services, and to develop new ones. This license continues even if you stop using our services. You can find more information about how FEEL uses and stores content in its privacy policy.
3. YOUR OBLIGATIONS
We provide our services to you only for the purposes included herein and in our privacy policy and we expect that you will not misuse our services. For example, we expect that you will not interfere with our services or try to access them using a method other than the interface and the instructions that we provide. You may use our services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our services does not give you ownership of any intellectual property rights in our services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our services. Don’t remove, obscure, or alter any legal notices displayed in or along with our services.
4. PRIVACY AND COPYRIGHT PROTECTION
FEEL’s Privacy Policy https://www.myfeel.co/privacy-notice explains how we treat your personal data and protect your privacy when you use our services. By using our services you agree that FEEL can use such data in accordance with our privacy policy. When using the Feel mobile application, or any other FEEL product or service, the relevant privacy policies also apply.
5. MODIFYING AND TERMINATING OUR SERVICES
We are constantly changing and improving our services. We may add or remove functionalities or features, and we may suspend or stop a service altogether.
You can stop using our service at any time. FEEL may also stop providing services to you, or add or create new limits to our services at any time.
6. SERVICE AND PRODUCT WARRANTY
We provide our services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. However, neither FEEL nor its suppliers or distributors make any specific promises about the services, the specific functions of the services, or their reliability, availability, or ability to meet your needs. FEEL provides the services “as is”.
All FEEL products will remain free of defects in material and workmanship for a period of two (2) years from the date of receipt of the product, subject to any exclusions and limitations as set forth below.
These warranties do not cover product abuse, modification and failure to adhere to product instructions, improper operations and/or misuse. FEEL is not responsible for damage arising from failure to follow instructions relating to the product’s intended use. FEEL is not responsible for injury or loss caused by or associated with the installation and/or use of equipment in any manner other than in strict conformance with the instructions set forth in its installation manuals, supplemental assembly and installation instruction sheets, technical bulletins and/or product literature. You will provide FEEL immediate written notice of any personal injury resulting from the use of FEEL products.
FEEL does not warrant damages or defects to the FEEL product under the following conditions: an Event Outside Our Control, unauthorized service or repair of the FEEL products, damage from electrical power problems, usage of parts or components not supplied by FEEL, failure to follow product instructions and guidelines, unauthorized changes to the FEEL product, shipping damage (other than original shipment from FEEL), failure to perform preventative maintenance, or damage caused by peripherals or software or from other external sources.
EXCLUSIVE REMEDY
Warranty Repair: In the event that any FEEL product becomes defective in material or workmanship during the warranty period, FEEL will determine with you if the product defect is covered under warranty. FEEL, at its sole discretion, may replace or repair the unit determined to be under warranty at a designated FEEL location or at your location. The labor costs associated with the repair of the product may be the responsibility of FEEL if determined to be under warranty. You must receive pre-approval by FEEL for the labor costs prior to repair or replacement of warranty products. Performance of any repair or replacement on product under warranty does not renew or extend the warranty period.
Non-Warranty Repair: Labor costs and freight charges associated with non-warranty repair will be the sole responsibility of the customer. A standard repair fee, specific to the product, is charged for any product that is repaired outside of the warranty period. Repairs on products out of warranty also carry a 90-day warranty, effective the day that you receive the item after repair.
For products that are not covered under warranty, FEEL offers you the following options:
You may upgrade to a newer, functionally equivalent product at a normal list price
FEEL will return the product to you
You can request in writing that FEEL appropriately dispose of the product for you. A fee may apply for this service as designated by local law.
Non-Defective Products: If, after examining and testing a returned product, FEEL concludes that the product is not defective, the product will be returned to you and you will be responsible for the freight charges associated with the return.
WARRANTY DISCLAIMER
Except as expressly set forth in this Section and to the greatest extent allowed by law, FEEL makes no other representations, warranties or conditions, express or implied, including any implied representations, warranties or conditions of merchantability, fitness for a particular purpose, non-infringement, and non-interference. FEEL does not warrant that your use of the FEEL product will be uninterrupted or error free. Any implied warranties that may be imposed by law are limited in duration to the greatest extent allowed by law. Some countries do not allow a limitation on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages for consumer products. In such countries, some exclusions or limitations of this Section may not apply to you. This Section is subject to change without notification.
FEEL devices are not intended to cure, treat, mitigate or prevent any disease.
WARRANTY TRANSFERABILITY
This Warranty is available only to the original end consumer and is non-transferable.
7. LIMITATIONS OF LIABILITY
By using our products and services you accept the limitations of liability set forth in our Terms of Use https://www.myfeel.co/terms-of-use.
8. EVENTS OUTSIDE OUR CONTROL
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale:
a) We will contact you as soon as reasonably possible to notify you; and
b) Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Where the Event Outside Our Control affects Our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the products.
9. OTHER TERMS
We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms of Service.
You may only transfer your rights or your obligations under these Terms of Service to another person if we agree in writing.
Each of the paragraphs of this Terms of Service operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms of Service, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
10. CHOICE OF LAW/JURISDICTION
You agree that the Terms of Service and any dispute between you and FEEL shall be governed in all respects by Greek law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Terms of Service shall be resolved individually, without resort to any form of class action, and exclusively in the competent courts of Athens, Greece.
In case you have a complaint, please contact us via the contact us https://www.myfeel.co/contact page first. If you feel your complaint is not adequately addressed you can – but are not obliged to – use the Online Dispute Resolution (ODR) Website that you can access through http://ec.europa.eu/odr.
All claims shall be brought within one (1) year after the claim arises, to the extent allowed under applicable law.
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