Terms of Service
DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, DO NOT USE THIS SERVICE. IMMEDIATELY CALL 911.
These Beta User Terms & Conditions (the "Terms") are agreed and entered into by and between HelpNow, LLC d/b/a KARE APP, an Ohio limited liability company (the “Beta Application” or the “App”), as described below (“KARE APP”), and the user accessing and/or using KARE APP’s Beta Application, as described below (“User” or “You”). By accessing and/or using KARE APP’s Beta Application, User hereby accepts and agrees to these Terms. If User does not accept and agree to these Terms, User is not authorized or permitted to access or use KARE APP’s Beta Application.
Permission
In consideration of User’s agreement to and fulfilment of its obligations under these Terms, KARE APP will employ commercially reasonable measures to provide User with access to and permission to use a beta version of its communication application known as KARE APP (the “Beta Application”) solely for purposes of evaluating the Beta Application and strictly pursuant to the terms hereof.
No Unauthorized Use or Disclosure
User may use and evaluate the Beta Application only as expressly permitted herein. User may not, directly or indirectly, copy, distribute, disclose, display, perform, modify, attempt to decompile or reverse engineer, share or make available to others, in whole or in part, the Beta Application or any information or data, in any form and however generated, concerning the operation or performance of the Beta Application ("Beta Test Information"), for any purpose other than to evaluate and report to KARE APP on the Beta Application. User acknowledges that the Beta Application and the Beta Test Information are highly proprietary and confidential and shall take all measures necessary to insure that the Beta Application and the Beta Test Information are kept in confidence and not used, made available or disclosed except as expressly permitted herein.
No Transfer of Rights
User acknowledges that the Beta Application and Beta Test Information are the exclusive property of KARE APP and contain confidential and proprietary information and trade secrets of KARE APP. Except for the access and permission to use expressly provided above, nothing in these Terms is intended to or shall grant User any rights in or to the Beta Application or Beta Test Information or KARE APP’s patent rights, copyrights, trademarks, trade secrets or other proprietary rights (“IP Rights”) therein.
Feedback
User shall, in a timely manner and as requested by KARE APP, provide KARE APP with feedback regarding use of the Beta Application, including information about its functionality, ease of use, problems, ideas for enhancement and the value it provides to User, and hereby assigns to KARE APP all right, title and interest to such feedback and all Beta Test Information, including all IP Rights therein.
No Guaranteed Access or Warranty
User acknowledges that the Beta Application may not be available at all times or at any time and that KARE APP may interrupt, suspend or terminate User’s access to and use of the Beta Application at any time, for any reason or no reason. THE BETA APPLICATION IS MADE ACCESSIBLE "AS IS," WITHOUT WARRANTY OF ANY KIND, AND KARE APP HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL KARE APP BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOSS OF INFORMATION OR DATA) ARISING OUT OF THE USE OF OR INABILITY TO USE THE BETA APPLICATION.
Export Laws
User agrees to use the Beta Application in strict compliance with all applicable laws and not to ship, transfer or export the Beta Application into any country, territory or jurisdiction in violation of any U.S. Export Administration Regulation or other U.S. law or regulation.
Termination and Return of Beta Application
These Terms and the agreement embodied herein may be terminated by KARE APP or User at any time, upon notice to the other, whereupon User will promptly and permanently disable and remove the Beta Application and any code associated therewith from any and all smart phones, tablets, computers, systems and other devices and, upon KARE APP’s request, certify that it has done so.
Governing Law
These Terms will be governed by and construed in accordance with the laws of the State of Ohio, United States of America, notwithstanding any conflicts of law or choice of law doctrine to the contrary. Any legal action regarding these Terms or the subject matter hereof may be brought only in a state or federal court in Cuyahoga County, Ohio, USA, to the personal jurisdiction of which the parties hereby stipulate and waive any objection to venue therein. These Terms will not be subject to the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
Your account, representations, conduct and commitments
You hereby confirm and agree that all the information that you provided in or through the app, and the information that you will provide in or through the app in the future, is accurate, true, current and complete. Furthermore, you agree that during these Terms you will make sure to maintain and update this information so it will continue to be accurate, current and complete. You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge. You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the app and your relationship with KARE APP. You will indemnify KARE APP, defend KARE APP, and hold KARE APP harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys' fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the app; (b) your violation of any of the provisions of this agreement; (c) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this agreement.